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Election Commission has withdrawn the option of ‘None of the above -NOTA’ from the ballot papers of the Rajya Sabha and the Legislative Council elections after the directive of the Supreme Court. The Supreme Court has issued orders not to publish ‘No of the above’ i.e. the option of the nota on the ballot paper in the elections of the Rajya Sabha and the Legislative Council (MLC). However, in the direct elections like Lok Sabha and State Legislatures, the notes will continue as an option. After this decision, the debate on the nota has become faster again. It was the right to not vote even before the Nota, under the rule 49 (O) of India Election Code of Conduct, 1961, it had existed for a long time, no voter could officially decide to vote for it.

Background

“The public, for the public, the rule of the people is democracy.” This famous expression of Abraham Lincoln is considered to be the simplest and popular definition of democracy. It is worth noting that the ownership of this system of democracy is of the people, but dissatisfaction has been expressed in the manner in which the representatives of the public are elected.

If the public does not like any candidate in the Maha Parve of democracy, and yet he voted by believing that if voted in favor of less bad than two bad candidates, it is certainly a good sign for democracy. Not there.

Can our system not be a candidate who is committed to the welfare of the public and should be assumed that if any suitable candidate is not seen in any circumstances then what should the public do? There has been a debate over this question for a long time.

Eventually, the solution was presented as NOTA (none of the above-NOTA).

What is not?

In India, for the first time, the notes were first started by the Supreme Court in 2013, knowing that in the case of the People’s Union for Civil Liberties v. Government of India, the apex court ordered that the public should also provide a currency note for the voting. . After this order, India became the 14th country to provide an alternative to negative voting. Under the NOTA, EVM machine has a pink button for Nota (NONE OF THE ABOVE-NOTA). If the parties give wrong candidates, then the public can register their protest against the parties by pressing the button of the note.

Team Vision Input

Supreme Court’s decision and fresh directions of EC

In the elections of the Rajya Sabha and the Legislative Council, no longer will be the option of the currency, the Central Election Commission has given instructions to the State Election Commissions.

Significantly, on August 21, 2018, Justice A.M. headed by Chief Justice of the Supreme Court. Khanvilkar and Justice D.Y. Chandrachud’s Bench had said in an important judgment that the money would not be used in the Rajya Sabha elections.

The Supreme Court said in its decision that the nota will promote defection and it will open doors for corruption.

The Supreme Court believes that the nota should be implemented only in the direct elections. The Court said that this option is not an indirect election where the average representation is applicable, in addition to the unanimity of implementing the nota in the Rajya Sabha elections. The assumption of average evaluation will be lost.

The Supreme Court also said that the nota appears to be tempting at first glance, but on serious scrutiny, it appears to be baseless because it has ignored the role of the voter in such an election, thereby diminishing democratic values.

The court also said that the use of the nota ends the election fairness which is contained in the indirect elections, that too, even when the votes of the voter are worth and that the value is transferable, the nota is a hindrance.

The Chief Justice said that the Rajya Sabha elections are already complacent. In this case, the elections for the Election Commission are not complicated, for this, the law does not allow any legislator to use the note, but voting for the election commissioner through this notification Giving it the right to not be able to do so, while it is his constitutional obligation.

The Chief Justice said that there is a doubt that through a nota, a legislator can be prevented from voting for the candidate.

He, Justice D.Y. Chandrachud said why a legislator should show him before ballot box is inserted.

Challenging the notification of the Election Commission, which allows the option of nota

Shailesh Manubhai Parmar of Gujarat was the chief whip of the Congress in the last assembly elections in the Gujarat Assembly. Parmar had challenged the notification of the Election Commission, which allowed the option of the nota in the ballot papers.

During the hearing of this case, the central government also supported Parmar’s petition. The central government had said that the use of the nota should not be used during the Rajya Sabha elections.

The government said that the use of the note would be the same where the representatives are elected directly through the public, but it can not be used in the Rajya Sabha as representatives of the Rajya Sabha are not directly elected.

Earlier, the Election Commission had filed its reply in the Supreme Court and said that in the Rajya Sabha elections, the use of the nota will be in accordance with the order of the Supreme Court and it applies to both direct and indirect elections.

The Election Commission said that if you do not use the noata in the Rajya Sabha elections, then it becomes a matter of defiance and contempt of the court order.

While hearing the petition, the apex court questioned the notification of the Election Commission and said that the nota has been made directly for the use of voters in the elections.

The beginning of the nota was that a person could use this option as a voter in the direct election.

Precedent order of Supreme Court

In fact, the Supreme Court had in October 2013 mandated the option of the nota in the electronic voting machines (EVM) to be made mandatory, and in January 2014, the notification for keeping the provision of the nota was issued.

The Supreme Court had said in its order that just as every voter has the right to vote, so he has the right not to vote for anyone.

The court had said that this order is about all elections, it will be applicable to both direct and indirect elections.

So far, according to the Election Commission’s rules, if a voter or legislator goes against the instructions of the party in the Rajya Sabha elections or votes a candidate or uses the note, then he can not be disqualified for the assembly membership. He will be a legislator and his vote will also be considered valid but the party can take action against him to break discipline, including the removal from the party.

Journey of nota in india

India stepped into the world of nota in 2013 Initially, political parties opposed it very much, but after the Supreme Court’s directive, it became clear that in the absence of the desired candidate, the right to express their opinion to the common people was also their election Must have rights.

On September 27, 2013, the Supreme Court headed by Justice P. Sathasivam, the then Chief Justice of India, had said in a historic judgment that democracy is actually the name of the election, so voters have the right to vote for negative voting You should get the right to vote. This concept of negative voting is not of note ie nun of the abbe.

Nota is the right that voters can get through that they can clear their stand by rejecting all the names registered in ballet paper or EVM machine.

It means that if the voter does not like any of the candidates in the election, then he can show his preference by pressing the note button or by putting a stamp on the front of the nota.

In fact, this process started in India in 2009 when the Election Commission expressed its intention to provide a nota alternative to the Supreme Court.

Later civil rights organization People’s Union for Civil Liberty also filed a PIL in support of Nota.

In the hearing on this petition, the court had decided to give the option of nota to voters in 2013.

Following the directives of the Supreme Court, the Election Commission of India has instructed the EVMs to provide the option of ‘None of these’ ie NOTO in the December 2013 assembly elections, thus making India the currency choice option becomes the fourteenth country of the world. .

However, the Election Commission also made it clear that the votes of the Nota will be counted but it will be kept in the category of cancellation votes, meaning that it will not affect the outcome of the elections.

For the first time in the assembly elections held in Delhi with Chhattisgarh, Mizoram, Rajasthan and Madhya Pradesh, which was adopted for the first time in the 2013 Assembly elections in 2013, people were given the option to dismiss all the candidates standing in the election. Able to do

In all these states, 1.85 percent vote notes were found, although in the elections held in 8 states in 2014, the noata declined to 0.95 percent.

However, it increased to 2.02 percent in the elections held in Delhi and Bihar in 2015.

Prior to the introduction of the nota many political parties had opposed it saying that by coming, voters would create confusion in the voters, but the court directed it to be implemented as a requirement for democracy.

After the arrival of the nota, there was also the concern and contemplation of political parties in times of polling, for example, in the polling between 2013 and February 2017, the total number of votes in the 261 assembly and 24 Lok Sabha seats was more than the margin of votes.

Not only this, in the Gujarat assembly elections held in 2017, the difference between the first two candidates, which got the highest number of votes in 21 seats, was less than the vote, it is the fact that there is more sympathy and seriousness about the non-votes vote in the political parties.

Logic in opposition

After abolishing the mandatory mandatory in the indirect elections, there have been many questions and answers in favor of the relevance of the nota and the opposition.

In the historical verdict of the year 2013, the Supreme Court gave voters the right not to vote for any candidate standing in their constituency.

After this, the option of the nota button was started in the EVM, but discussions were started in different sections.

In fact, those who are dissatisfied with the current form of the note, the argument is that this does not entitle the voter to dismiss the candidates standing in the election.

In this process, the candidate who gets the highest number of votes as before is declared victorious, that is, it is the right not to vote for anyone, which has no effect on the outcome of the election. Such people argue that the right of the notorious act only It can be proved when the common people get the right to reject the candidacy of the right-to-rejection.

Although some states in the country have a right to recall law at the local body level, the public has the right to recall their elected representatives, but no political party has any initiative regarding any kind of concrete law. Is of

However, some people are demanding even more stringent provisions, according to them, it is important to have the right to recall the elected leader as well as to quash the candidate during the election.

Such people are advocating the rights to the right to reject instead of the nota.

Logic in favor of nota

The argument in support of the nota is that the political parties are now getting consensus about the nota.

Though the number of votes is low, but it is being seen as a hallucination of the general voter’s resentment with the increased influence of Dhanbal and Bahubal in the elections.

Many civil wage and agitators have also been challenging the choice of currency for the upcoming elections in the elections against the political parties’ conspiracy and controversy.

It is believed that the Supreme Court had also given its verdict in the fact that if the people had the right to choose none, then the political parties would avoid giving tickets to the tainted and poorly contested candidates in the elections. .

This democracy is also being considered as a major change for a clean election.

When did the nota begin?

It is believed that the note was first used in America.

Nota was used for the first time in ballots in the election of the Isla Vista Municipal Advisory Council in California in the United States of America in 1976.

After that, other countries also gradually started implementing this option in their own country.

Nota is used in many countries including Colombia, Ukraine, Brazil, Bangladesh, Finland, Spain, Sweden, Chile, France, Belgium and Greece.

In many countries of the world there is a provision of victory over more than 50 percent of the vote. In such a situation, if there is more than 50 percent of the non-voting votes, then the election is canceled and the elections are held so that the importance of the note is increased significantly.

This option was available to voters in Russia in 2006, but was later removed.

Apart from this, different names in different countries of the world are used for currency notes.

In India, currency means ‘none of the above’. In America, the term ‘none of these candidates’ is used, whereas in Ukraine it is called ” all against ” and ‘black ballet’ in Spain.

In many countries of the world where there is no use of currency in the vote, they are thinking of using the nota.

Conclusion

Actually, nota gives freedom to choose or not to choose a candidate of his choice. In India, voters have got the right to use their vote as a substitute for a nota which would have been deprived of voting because they were not their favorite candidates. Voters have been using it since the option of giving a nota option in the country.

If the values ​​of democracy are to be protected, election reform should be the first attempt. In fact, if the public is dissatisfied with his representatives then he can teach them a lesson in the next elections. Elections come once in 5 years, so the public has the right to call them back before the ‘Right to Recall’, but the problem is that sometimes such situations are created when the public thinks that all Only the candidates are ineligible, yet, by reaching the Parliament or the Legislative Assembly by winning a few or none, it certainly does not seem to be relevant to the original purpose of the note.